By Davidson Iriekpen
Innoson Nigeria Limited and its Chief Executive Officer/Managing Director, Mr. Innocent Chukwuma, have withdrawn a fundamental right enforcement suit filed against the Economic and Financial Crimes Commission (EFCC) and five other respondents.
In the ex-parte application filed at the Federal High Court, Lagos, the businessman had dragged the Attorney-General of the Federation (AGF), Inspector-General of Police (IG), and Guaranty Trust Bank (GTB) before the court.
The suit was mentionedÂ on ThursdayÂ but adjourned tillÂ Friday, as there was controversy over the coming into the matter by any of the respondents.
When the matter was mentionedÂ Friday, the lawyer to GTBank, Mr. Adebowale Kamoru, while citing several Supreme Court authorities, insisted that GTBank must be heard in the ex-parte application.
His submission was strongly opposed by the counsel to Innoson Nigeria Limited and Chukwuma, Professor MacCharty Mbaduagha.
The presiding judge, Justice Hadizat Rabiu-Shagari, had to adjourn the suit tillÂ FridayÂ as both parties were unable to reach a concession on the matter.
At the resumed hearing of the applicationÂ Friday, Innosonâ€™s lawyer, Mbaduagha, told the court of his clientsâ€™ intention to withdraw the suit due to the filing of a counter by the sixth respondent, GTBank.
Mbaduagha said: â€œGiving the development as at yesterday (Thursday), we filed a motion ex-parte on 20 December 20, 2017, we did not serve the processes on any of the respondents.
â€œYesterday, the sixth respondent was represented in the ex-parte application. Counsel made submission and informed the court that the sixth defendant had indeed filed a counter to the ex-parte application.
â€œWe brought this to the notice of our client and he instructed us to withdraw it, and find out why due process was not followed in the circumstance.
â€œWe duly and humbly apply to withdraw the suit.â€
In response, counsel to GTBank, Kamoru, who said they were not opposing the withdrawal of the suit, added that they would await the applicantsâ€™ investigation on how his clients got to know about the suit.
Ruling on the application, the presiding judge, Justice Rabiu-Shagari, granted Innosonâ€™s request.
â€œIn view of the application of the applicantsâ€™ counsel, the application is hereby granted.